it does not become an invalid contract, nor does the growth belong to anyone other than the buyer. If the sold item were a slave woman, and he had intercourse with her, her dower would not become mandatory due to that; the same applies to marriage.

Section Three: If he knew of the defect at the time of the contract, or after it, and then consent was expressed from him, or an indication of it, such as having intercourse with the woman or her enabling him to have intercourse, then the annulment is not established for him; because he consented to the forfeiture of his right, so it lapsed, just as if the buyer knew of the defect and consented to it. If they disagree regarding the knowledge, the statement to be accepted is that of the one denying it, because the original state is the absence of knowledge.

Section Four: He returns for the dower upon the one who deceived him. Abu Bakr said: There are two narrations regarding this; one of them is that he returns for it. The other is that he does not return. The correct view is that the school (madhhab) has one narration, which is that he returns for it; for Ahmad said: I used to lean towards the statement of Ali, but I felt awe of it, so I inclined toward the statement of Umar: If he marries her and sees leprosy or vitiligo, she has the dower due to his having had intercourse with her, and her guardian is liable for the dowry. This indicates that he returned to this position, and it is the view of al-Zuhri, Qatadah, Malik, and al-Shafi'i in his early (qadim) position. It was narrated from Ali that he said: He does not return. This is the view of Abu Hanifah and al-Shafi'i in his later (jadid) position, because he has received in exchange what he compensated for, which is the intercourse, so he does not return for it against someone else, just as if the sold item were defective and he had consumed it. Our argument is what Malik narrated, from Yahya ibn Sa'id, from Sa'id ibn al-Musayyib, who said: Umar ibn al-Khattab said: Any man who marries a woman who has madness, leprosy, or vitiligo, and he touches her, then she has her dowry, and that is a liability upon her guardian for her husband. And because he...